Judges of the Islamabad High Court (IHC) have raised serious concerns over reports of appointing judges from other high courts to the IHC, calling it a violation of judicial independence and a breach of the Constitution.
Five IHC judges, including Justice Mohsin Akhtar Kayani, have written a letter to the chief justice of Pakistan (CJP) and the chief justices of two other high courts, strongly opposing the appointment of an external judge or chief justice to the IHC.
According to a copy of the letter obtained by Samaa TV, the judges stressed that such an appointment would be a fraud and go against the principles of judicial autonomy and the constitutional framework. They urged that the new chief justice should be chosen from among the three senior-most judges of the IHC.
"Bringing a judge from another high court and making him the chief justice of the Islamabad High Court will be a fraud on the Constitution," the lettet noted.
Justice Kayani had earlier voiced similar concerns at a ceremony of the Islamabad High Court Bar Association, emphasizing that appointments of judges in Islamabad should not be made from outside the city.
"Someone from within the bar should be elevated whether you want to appoint a civil judge, sessions judge, or high court judge," the judge had stated.
The letter also cited the principles laid down in the Al-Jihad Trust case, underscoring the need for a transparent and meaningful consultation process before appointing judges from outside and solid reasons provided for doing so. The judges argued that transferring judges permanently to another high court violates the Constitution's Article 200, which allows such transfers only in cases of public interest.
The letter further mentioned that the oath of a judge is valid only to the extent of the high court where he is appointed, adding that in case of joining any other high court, the new oath of a judge will make him a junior there. "The seniority of judges in the Islamabad High Court should not be affected. There should be no action against the independence of the judiciary," they wrote.
Furthermore, the letter pointed out that Lahore High Court is already facing a shortage of judges, with only 35 judges against 60 sanctioned positions. The number of pending cases in the Lahore High Court is 200,000 as compared to the Islamabad High Court, it added. Transferring a judge from an understaffed court to the IHC was deemed “incomprehensible” by the judges.
They also said that Pakistan's judiciary is not based on the principle of a federal unit, adding that each high court performs its duties independently. The letter maintained that only the Judicial Commission could fill the vacancy with a judge in the high court, while the permanent transfer of a judge will be against the constitutional norms.
"These points should also be raised if there is consultation with the president of Pakistan. According to the new constitutional amendment, the chief justice can be appointed only from among the three most senior judges. If a judge is not among the three senior judges of the first high court, he cannot be in the second one either," the judges wrote.
The signatories of the letter include Justice Mohsin Akhtar Kayani, Justice Tariq Mahmood Jahangiri, Justice Babar Sattar, Justice Sardar Ijaz Ishaq Khan, and Justice Saman Rifat Imtiaz. However, Justice Miangul Hassan Aurangzeb and Justice Arbab Tahir did not sign the letter, although their names were mentioned.
Copies of the letter have been sent to the president of Pakistan, the chief justice of Pakistan, and the chief justices of Sindh, Lahore, and Islamabad High Courts. The judges emphasized that any decision affecting judicial appointments must be made in line with constitutional provisions and judicial precedents, ensuring fairness and transparency.
